Terms of Service
Last updated July 28, 2026
These Terms of Service (the “Terms”) form a binding agreement between Absurd AI, Inc., a Delaware corporation with its principal place of business at 3143 S. La Cienega Blvd., Los Angeles, CA 90016 (“Absurd,” “we,” “us,” or “our”), and the business entity that registers for, accesses, or uses the Service (“Customer,” “you,” or “your”).
By clicking to accept these Terms, by signing an Order Form that references these Terms, or by accessing or using the Service, you agree to these Terms. If you accept on behalf of an entity, you represent that you are authorized to bind that entity. The Service is offered only to businesses and their authorized personnel who are at least 18 years old.
These Terms incorporate by reference our Privacy Policy, our Acceptable Use Policy (Section 5), our Data Processing Addendum (the “DPA”), and each order form or online order executed or accepted by the parties (each, an “Order Form”). These Terms, together with the Privacy Policy, the Acceptable Use Policy, the DPA, and each Order Form, are the “Agreement.”
1. The Service
1.1 Overview.
The Service is Absurd’s hosted platform for creating, editing, and collaborating on AI-generated images and video, including agent-assisted creative workflows (the “Service” or “Services”). To generate outputs, the Service transmits Customer Inputs to third-party artificial-intelligence model providers and related infrastructure providers (collectively, “Providers”).
1.2 Beta.
The Service is currently offered on an invitation-only beta basis and is subject to Section 13 (Beta Services).
1.3 Access rights.
Subject to the Agreement, Absurd grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Service during the term for Customer’s internal business purposes. Absurd reserves all rights not expressly granted.
2. Eligibility, accounts, and users
2.1 Business use.
The Service is intended for use by businesses and their authorized personnel acting in a business capacity, and only by individuals who are at least 18 years old. The Service is not directed to, and may not be used by, consumers acting for personal, family, or household purposes or by minors.
2.2 Accounts and workspaces.
Access is organized into workspaces administered by one or more Customer administrators. Customer is responsible for its workspaces, its administrators, and all users it authorizes (“Authorized Users”), including their compliance with the Agreement. Customer will keep account credentials secure, will not share individual credentials, and will promptly notify Absurd of any suspected unauthorized access.
2.3 Public share links.
Where the Service allows Customer to create public share links, those links are anonymous and view-only; creating or editing content requires an approved account.
3. Customer content: inputs and outputs
“Input” means any data or content Customer or its Authorized Users submit to the Service (including prompts, scripts, references, images, footage, audio, and client materials). “Output” means content the Service generates from Input. “Customer Content” means Inputs and Outputs together.
3.1 Inputs.
As between the parties, Customer owns and retains all rights in its Inputs.
3.2 Outputs.
As between Absurd and Customer, Customer owns the Outputs generated for it to the maximum extent permitted by applicable law, subject to the terms of the applicable Providers. Because of the nature of machine learning, the same or similar Outputs may be generated for other users; Outputs generated for other users are not Customer’s and Customer has no rights in them.
3.3 No uniqueness or provenance guarantee.
Absurd does not warrant that Outputs are unique, original, copyrightable, or free of third-party rights, and Customer is responsible for evaluating and clearing rights before using any Output. Some Providers may embed provenance or watermarking signals in Outputs on their side, and Absurd does not warrant that Outputs are free of such signals.
3.4 License to Absurd.
Customer grants Absurd a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, modify (as needed for formatting and processing), transmit, and display Customer Content solely to provide, secure, maintain, and support the Service and to comply with law.
3.5 No model training without opt-in.
Absurd will not use Customer Content to train, fine-tune, develop, or improve any artificial-intelligence or machine-learning model (whether Absurd’s own or a Provider’s) except with the express opt-in of a Customer workspace administrator. Absurd contractually restricts its Providers from using Customer Content to train their models except as Customer authorizes.
3.6 Reserved uses.
Regardless of the setting in Section 3.5, Absurd may: (a) create and use de-identified and aggregated usage data; (b) use feedback Customer voluntarily submits; and (c) permit limited access by authorized personnel and Providers for support, security, safety, and debugging, which does not permit proactive product-improvement review without separate consent.
3.7 Deletion.
Customer may delete Customer Content and close its account as described in the Privacy Policy, which also describes applicable deletion timelines.
4. Customer responsibilities and representations
4.1 Rights and consents.
Customer represents and warrants that it has all rights, permissions, licenses, and consents necessary for its Inputs and for Absurd’s and its Providers’ processing of them as contemplated by the Agreement, including the rights, permissions, and consents of every person whose image, voice, likeness, name, or personal data is contained in, or is reproduced or composited by the Service from, any Input, including any consents required under applicable biometric and consumer health data privacy laws, and for any third-party materials, trademarks, or music.
4.2 Compliance.
Customer will use the Service in compliance with the Agreement, the Acceptable Use Policy, and applicable law, and is responsible for its Authorized Users’ compliance.
4.3 Restricted data.
Customer will not submit any Input containing protected health information (absent a separate executed business associate agreement) or other categories of sensitive or special-category data except to the extent expressly permitted under the DPA.
4.4 No biometric identification.
Customer acknowledges that the Service is not a biometric identification system, is not used to identify, verify, or authenticate any individual, and does not intentionally create biometric identifiers or biometric templates. Customer will not use the Service or any Output to create a biometric identifier or biometric information or to identify, verify, or authenticate any individual, and Customer is responsible for its own compliance with applicable biometric and consumer health data privacy laws in connection with its content and use.
5. Acceptable use policy
Customer will not, and will not permit any Authorized User or other person to, use the Service or any Output to:
- violate any applicable law or regulation, or infringe or misappropriate any third party’s intellectual property, privacy, publicity, or other rights;
- impersonate any person or entity, or misrepresent an affiliation, in a manner intended to deceive;
- create, or depict a real, identifiable individual in, sexual or intimate content without that individual’s consent, or any content that sexualizes minors;
- create deceptive synthetic media (“deepfakes”) intended to defraud, mislead, harass, or harm, or to reproduce a real person’s image, voice, or likeness without the rights and consents required by Section 4.1;
- use the Service or any Output to identify, verify, or authenticate a person, or to extract, derive, or create a biometric identifier or biometric template;
- harass, threaten, defame, or promote violence or hatred against any person or group;
- upload malware or interfere with or disrupt the integrity or performance of the Service;
- reverse engineer, decompile, or attempt to extract or replicate the underlying models or systems, or use Outputs to develop a competing AI model or service; or
- resell, sublicense, or make the Service available to any third party except as expressly authorized in an Order Form.
Absurd may remove content, and may suspend or terminate access, for violations of this Section, and operates a notice-and-takedown process for claims of copyright infringement under the Digital Millennium Copyright Act. Absurd has no obligation to monitor Customer Content but may do so to operate the Service and enforce the Agreement.
Absurd’s designated agent to receive notices of claimed copyright infringement under the DMCA is: Copyright Agent, Absurd AI, Inc., 3143 S. La Cienega Blvd., Los Angeles, CA 90016; support@absurd.com.
6. Providers and third-party services
The Service depends on third-party model Providers and infrastructure. To generate Outputs, Customer Inputs are transmitted to Providers, whose processing is governed by their own terms. A current list of the Providers that process Customer Content is described in the Privacy Policy and set out in the DPA subprocessor list (Annex 5). Providers and other third-party services are beyond Absurd’s reasonable control, and Absurd is not responsible for their acts or omissions except as expressly stated in the DPA.
7. Fees and payment
7.1 Fees.
Customer will pay the fees stated in the applicable Order Form and rate card (the “Rate Card”). These Terms do not state prices; Absurd may change the Rate Card on at least 30 days’ prior written notice, effective prospectively.
7.2 Included usage.
Each subscription includes a monthly allotment of generation usage pooled at the workspace level (“Included Usage”). Included Usage resets each month, does not roll over, and has no cash value and is not redeemable, exchangeable, or transferable for money.
7.3 On-demand usage.
If enabled by a workspace administrator, usage beyond Included Usage (“On-Demand Usage”) is billed at Rate Card rates. A workspace administrator may set a monthly workspace spend cap on the Order Form or in-product, and may raise, lower, or remove it; where and while a cap is set, it is a hard limit and generations pause when it is reached. Absurd does not apply a spend cap by default and is not obliged to do so, and Customer is responsible for the On-Demand Usage its Authorized Users incur. Absurd expects to provide usage alerts as Included Usage nears exhaustion and, where a cap is set, as spend approaches it.
7.4 Metering.
A generation is billable only if it returns a usable Output. Generations that fail for technical or Provider reasons are not metered. Dissatisfaction with a completed Output is not a failure. Agent tasks are metered as described in the Rate Card.
7.5 Billing.
Absurd bills On-Demand Usage in arrears through its payment processor when a billing threshold is reached or at month-end, whichever occurs first, or by invoice payable within 30 days where the Order Form so provides.
7.6 Non-refundable.
Except as required by law or expressly stated in an Order Form, paid fees and completed usage are non-refundable.
7.7 Seats.
Seats added mid-cycle are prorated on the seat fee, with the full monthly Included Usage added immediately; seat removals take effect at the next renewal.
7.8 Taxes.
Fees are exclusive of taxes. Customer is responsible for all taxes other than taxes on Absurd’s net income.
7.9 Non-payment.
If a charge fails, Absurd may retry and, after notice, suspend the Service until amounts are paid.
8. Confidentiality
“Confidential Information” means non-public information disclosed by one party that is marked confidential or that should reasonably be understood to be confidential, including Customer Content and Absurd’s non-public Service information and pricing. Each party will use the other’s Confidential Information only to perform under the Agreement and will protect it with at least reasonable care. Confidential Information does not include information that is public through no fault of the recipient, already known without a duty of confidentiality, independently developed, or lawfully received from a third party. A party may disclose Confidential Information if required by law, with reasonable prior notice where permitted. Each party acknowledges that a breach or threatened breach of this Section may cause irreparable harm for which monetary damages are inadequate, and that the non-breaching party is entitled to seek injunctive and other equitable relief, without the requirement to post a bond, in addition to any other available remedy.
9. Term, suspension, and termination
9.1 Term.
The Agreement begins when Customer first accepts these Terms or signs an Order Form and continues until terminated as provided here or in the Order Form. Unless an Order Form states otherwise, each per-seat subscription is month-to-month and renews automatically for successive one-month periods until either party cancels or the beta ends. Customer may cancel renewal at any time through the Service or by notice to Absurd, effective at the end of the then-current monthly period; cancellation stops future renewals but does not entitle Customer to a refund of fees for the current period. Seat reductions take effect at the next renewal.
9.2 Suspension.
Absurd may suspend or limit access where reasonably necessary to address a material breach, a violation of the Acceptable Use Policy, a legal requirement, non-payment, or a security risk, with notice where practicable and tailored to the issue.
9.3 Termination.
During the beta, either party may terminate for convenience on written notice. Either party may terminate for the other’s material breach that remains uncured 30 days after written notice. Absurd may modify or discontinue the beta as described in Section 13.
9.4 Effect.
On termination, access rights end, Customer will pay amounts due, and Absurd will delete Customer Content as described in the Privacy Policy and the DPA. Sections 3.1–3.3, 4, 5, 7 (for amounts accrued), 8, 10, 11, 12, 15, and 16 survive.
10. Warranties and disclaimers
10.1 Mutual.
Each party represents that it is duly organized and has authority to enter into the Agreement.
10.2 Disclaimer.
Except as expressly stated in the Agreement, the Service, all Outputs, and all Provider services and content are provided “as is” and “as available,” and Absurd disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that Outputs will be accurate, unique, or non-infringing or that the Service will be uninterrupted or error-free.
11. Indemnification
11.1 By Customer.
Customer will defend, indemnify, and hold harmless Absurd and its personnel from and against third-party claims, and related losses, arising out of or relating to: (a) Customer’s Inputs or use of Outputs; (b) Customer’s breach of the Agreement or the Acceptable Use Policy; or (c) Customer’s violation of any third party’s intellectual property, privacy, or publicity rights.
11.2 By Absurd.
Absurd will defend Customer against any third-party claim alleging that the Service, as provided by Absurd and used by Customer in accordance with the Agreement, infringes such third party’s United States patent, copyright, or trademark or misappropriates its trade secret, and will indemnify Customer for damages and costs finally awarded against Customer (or agreed in settlement by Absurd) resulting from such claim. Absurd has no obligation under this Section 11.2 for any claim arising from: (a) Inputs, Outputs, or any other content Customer submits to or generates with the Service; (b) any Provider model, Provider service, or other third-party materials; (c) modification of the Service by anyone other than Absurd; (d) combination or use of the Service with products, services, data, or content not provided by Absurd; or (e) use of the Service other than in accordance with the Agreement. If the Service becomes, or Absurd reasonably believes it may become, the subject of such a claim, Absurd may, at its option and expense, (i) procure the right for Customer to continue using the Service, (ii) modify or replace the Service so it is non-infringing, or (iii) on notice, terminate the affected Service and refund any pre-paid fees for the unused portion of the term. This Section 11.2 states Absurd’s entire liability, and Customer’s sole and exclusive remedy, for any third-party claim of intellectual-property infringement or misappropriation.
11.3 Procedure.
The party seeking indemnification will (a) promptly notify the indemnifying party of the claim (failure to do so relieves the indemnifying party only to the extent it is prejudiced); (b) give the indemnifying party sole control of the defense and settlement, except that any settlement imposing a non-monetary obligation or admission on the indemnified party requires that party’s prior written consent, not to be unreasonably withheld; and (c) provide reasonable cooperation at the indemnifying party’s expense.
12. Limitation of liability
12.1 Exclusion.
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, arising out of or relating to the Agreement.
12.2 Cap.
Except for Customer’s payment and indemnification obligations, each party’s total liability arising out of or relating to the Agreement will not exceed the greater of (a) the fees paid by Customer to Absurd in the 12 months before the event giving rise to the liability and (b) $10,000 (the “General Cap”); provided that each party’s total liability for breach of its confidentiality, data-protection, or data-security obligations will not exceed two times the General Cap.
13. Beta services
The Service is currently provided as an invitation-only beta. Beta features are provided “as is” for evaluation; models, features, and availability may change or be discontinued at any time; Absurd makes no service-level, uptime, or support commitments for the beta; and Absurd may end the beta at any time. Customer may provide feedback, and Absurd may use feedback without restriction or obligation.
13.1 Beta observability.
To the extent a beta partner consents on its Order Form, Absurd may enable session-replay analytics and human review of agent transcripts during the beta to improve the Service. Absent that consent, these are off.
14. Modifications
Absurd may modify the Service at any time. Absurd may also update these Terms; if changes are material, Absurd will provide reasonable notice (for example, by email or in-product notice). Changes are effective when posted or on the stated effective date, and Customer’s continued use after that date constitutes acceptance. If Customer does not agree, it must stop using the Service.
15. Governing law and dispute resolution
The Agreement is governed by the laws of the State of California, without regard to conflict-of-laws rules. The parties will first attempt to resolve any dispute informally for 30 days, and the state and federal courts located in Los Angeles County, California will have exclusive jurisdiction over any dispute not resolved informally, and each party consents to venue there.
16. Miscellaneous
16.1 Entire agreement; precedence.
The Agreement is the entire agreement on its subject matter and supersedes prior understandings. If there is a conflict, the Order Form controls over these Terms, and these Terms control over other referenced documents, except that the DPA controls for data-protection matters.
16.2 Assignment.
Customer may not assign the Agreement without Absurd’s consent, except to a successor in a merger or sale of all or substantially all assets; either party may assign to an affiliate or such successor.
16.3 Force majeure.
Neither party is liable for delays or failures (other than payment obligations) caused by events beyond its reasonable control.
16.4 Notices.
Notices to Absurd may be sent to support@absurd.com; Absurd may notify Customer by email or in-product notice.
16.5 Export and sanctions.
Each party will comply with applicable export-control and sanctions laws, and Customer represents it is not located in, or a national of, an embargoed country and is not on a restricted-party list.
16.6 Publicity.
Neither party will use the other’s name or marks publicly without prior written consent, except as permitted in an Order Form.
16.7 Severability; no waiver; relationship.
If any provision is unenforceable, it will be limited or severed and the remainder will stay in effect. No failure to enforce is a waiver. The parties are independent contractors.